Three common summer deposit disputes and how to prevent them
Summer in the UK signals heatwaves, thunderstorms and hosepipe bans. It also sees both homeowners and tenants spending much more time in the garden and outdoor spaces with the extended warmer, sunnier days, which is why summer can be such a ‘hot’ bed of landlord and tenant disputes.
So NRLA deposit protection provider, mydeposits, has put together a timely article on summer deposit disputes and how to avoid them.
The article will draw on the expertise of Suzy Hershman, Resolution Department Lead at mydeposits.
It will cover the seasonality of disputes, what the most common causes of summer disputes are, and highlight three common causes with relevant case studies. The article will also remind landlords of their responsibilities, with tips to avoid problems occurring.
‘Common or garden’ issues
For landlords and their tenants to have the best chance of avoiding problems at the end of the tenancy it’s useful for both to know what the most common reasons for end of tenancy negotiation are. If both parties are aware of the reasons for disputes, and their likely causes, they can do their best to avoid them happening in the first place.
Though the main reasons for deposit disputes vary slightly each year (especially due to the pandemic) in general they are:
- Cleaning: this remains the number one reason for negotiating costs, due to not leaving the property cleaned to the same standard it was in at the start, including carpet cleaning and even costs for clearing rubbish
- Damage: this comes a close second for end-of-tenancy costs, whether accidental or malicious and includes damage to the property, fixtures or fittings
- Redecoration: to restore the decor to the original condition, sometimes due to the tenant decorating without permission
- Gardens: from a lack of garden maintenance to outhouses erected without permission
- Missing items: this may be keys, kitchen items or – and it does happen - even larger items such as furniture
- Arrears: with an increase in the cost-of-living rental arrears are on the rise again
Summertime blues
While ‘gardens’ are lower down in the list of the most common cause of deposit disputes (between 12 and 15%), these are typically issues that understandably occur more often during the summer months. Some of these seasonal issues can be dealt with through good communication between landlord and tenant, but others can unfortunately escalate and may lead to a deposit dispute.
Case Study #1: Seasonal allowance
Garden maintenance is a common cause of dispute between landlords and their tenants. Often this is due to confusion over who is responsible for garden maintenance, or poor communication between the two parties relating to damage or changes tenants would like to make.
Ultimately, on vacating the tenant is responsible for leaving the garden in exactly the same condition as when the tenancy began - allowing for seasonal differences.
Deposit amount: £875
Amount disputed: £319
What happened?
The tenant said:
• they accepted that some garden maintenance to the back garden was required, but claimed that there are always changes to a garden as plants grow
• the front garden was left in the same condition as when they moved in
• the landlord has been allowed to withhold £100 from the deposit for the necessary garden work but the quotes and amount being claimed are unrealistic
The agent responded saying that:
• the front and rear gardens were left in an overgrown state, footpaths were left with crayon markings and weeds
• overall, the gardens were not well maintained
• the tenant is responsible for garden maintenance in line with the clause in the tenancy agreement and should have returned it to its original condition, allowing for some seasonal growth
• the landlord is claiming the full cost of putting the garden back to its original condition
What evidence was provided?
• Tenancy agreement, emails, independent check-in and check-out reports and quotes
What was decided and why?
• The check-in report records the front and rear garden in ‘good seasonal order’
• The photographs embedded in the report showed some slight overgrowth on the hedge in the front garden and rear lawn with a few weeds growing in the borders and footpath at the back
• By comparison, the check-out report written detail and photographs show that both front and rear garden were ‘overgrown’ with ‘weeds present, patchy lawn and an unclean patio with ‘crayon residue present’
• The adjudicator decided that the tenant was responsible for garden costs at the end of the tenancy, which would return it to the same condition/seasonal order it was in at the start
• The quote provided was for £290 for garden maintenance, including trimming hedges, mowing lawns, tidying borders, removing all weeds and crayon markings
• As the tenancy started in the autumn and ended in the summer, some allowance was made for seasonal differences and the overgrowth recorded in the check-in report, as these are not the tenant’s responsibilities, so the landlord was awarded 70% of the amount claimed with the £100 already accepted by the tenant deducted and the difference payable to the landlord
What lessons were learned?
• The tenant is only responsible for returning the gardens to the same seasonal order/condition as when they moved into the property
• Check-in reports should always give clear descriptions and be supported by good-quality photographs
• Check-out descriptions should be detailed, with photos taken from the same angle for comparison
• Consider seasonal times of year when tenancies start and end as conditions of gardens will vary and any differences may not just be due to neglect or lack of maintenance by the tenant
• Make sure all quotes and invoices detail the exact work being carried out by the contractor so that it can be matched to the work needed at the end of the tenancy. This will help with negotiating costs at the end of the tenancy, and if necessary, help an adjudicator make a fair decision on what is reasonable
Suzy says: “This can be a surprisingly complicated issue. A tenant’s perspective on what constitutes ‘seasonal growth’ can often vary from the landlord’s view, especially when a contract clause is unclear. Confusion over what tenants are responsible for is often the cause of dispute.
Having a crystal-clear garden maintenance clause in the tenancy agreement is essential and will make it easier to negotiate with the tenant as you will be able to highlight their responsibilities in any discussion. Make sure the tenant can see exactly what they are responsible for.”
Case study #2: Garden alterations and re-landscaping
Tenants occasionally make changes to their rental garden without consulting the landlord – such as switching paving for a lawn – or vice versa – or laying astroturf for children to play football on.
If the tenant does the work without asking permission or after permission was refused, the landlord will be able to charge the tenant costs for returning the garden to its original condition.
It’s important to bring your tenants’ attention to the tenancy agreement clause that says they should not alter any part of the property (inside or out) without the landlord’s consent. Landlords should be openminded about any requests, not refuse them if they are reasonable and consider whether they may be an improvement, and actually be beneficial for both you and your tenants.
Deposit amount: £1,800
Amount disputed: £1,800
What happened?
The tenant said:
• they put up an outbuilding in the back garden after the tenancy started
• it is built of concrete and plasterboard, and has electrics fitted
• It is quite safe and adds value to the property, although no safety certificates can be provided
• they do not have the money to remove it
The landlord’s agent responded saying that:
• the tenant did not ask for permission to erect the building
• it is a huge concern to the landlord as it restricts the side entrance to the back garden, there are no safety certificates for the electrics and any other safety requirements are unknown
• the building needs to be removed and the tenant should pay
What was decided and why?
• The tenant admitted putting up the building, which the check-in inventory confirmed was not there at the start of the tenancy
• The tenant accepts they did not ask for permission
• Despite the tenant saying it was ‘safe’ and that they have no money to remove it, they remain responsible for the cost of removing it and should have done so before leaving, returning the property to its original condition
• The adjudicator considered the amount of work needed to take the building down and dispose of it, so that the garden would be returned to its original condition
• The landlord’s detailed quote of £1,800 to remove the outbuilding was found to be reasonable and awarded in full
What lessons were learned?
• Relevant clauses in the tenancy agreement and robust check-in and check-out reports are vital for evidence
• A mid-term inspection can identify any issues before they escalate and be dealt with before the tenancy ends
• With a problem found at the pre-check out inspection, a tenant’s expectations can be managed and they should be informed of the likely cost of not doing the work themselves
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Case study #3: Overgrown lawn and dead plants
It’s reasonable for landlords to expect tenants to regularly mow the lawn, water plants where necessary and keep shrubs and borders tidy, as well as keep pathways and patio areas free of moss and weeds.
Many tenants will enjoy having a garden and want to make sure it’s kept in good order, but others may have busy schedules or not consider their outside space particularly important.
Deposit amount: £900
Amount disputed: £450 (£100 to replace the broken mower; £350 to treat the lawn and replace the shrubs)
What happened?
The tenant said:
• they initially looked after the garden
• the landlord’s lawnmower broke after a few weeks through no fault of their own and it wasn’t their responsibility to replace it
• the agent was only informed when they did a property inspection some time later
• the council imposed a hosepipe ban during the summer when it was very dry, which meant they were unable to water the plants and shrubs in the garden
• they did not want to incur large costs watering the landlord’s garden because they were on a water meter
The landlord’s agent responded saying that:
• the tenant had not reported that the lawnmower had broken and the tenant should have found a way to maintain the lawn
• because the plants had not been watered, some of the well-established shrubs and plants had died and needed to be replaced
• the drought order was in place in the region for just two weeks, not long enough to have caused the plants in question to have died
• the tenant was responsible for the garden’s basic upkeep and should now be responsible for the cost to make good as well as the cost of the replacement lawnmower
What was decided and why?
• The tenant accepted they hadn’t reported the broken mower to the agent and that they had not watered the garden enough in the summer
• The tenancy agreement garden clause was basic, and unclear
• The check-in report showed some photographs with some of the plants now being claimed for and recorded the mower as ‘looking worn and well used’
• It was clear from the tenant’s evidence and statements that they were aware of their responsibility to look after the garden
• The contractor’s invoice for £350 to carry out the garden maintenance needed was considered reasonable and this was awarded to the landlord
• The claim for a replacement lawnmower was unsuccessful due to its apparent age and wear on check-in and not caused by the tenant
What lessons were learned?
• Regular inspections can identify and rectify any issues tenants are having and be dealt with at the time
• A clear garden maintenance clause will highlight the tenant’s responsibilities and tenants should always be aware that they need to report any problems as soon as they arise
• Tenants should be encouraged to engage with the landlord, or their agent, if they have a problem with maintaining any part of the property, including the garden
• Where any tools or machines are provided for maintenance, just because they stop working during the tenancy does not mean the tenant is responsible for their replacement.
The check-in written/photographic details will be vitally important for any discussion.
Suzy says: “As a landlord, you have no legal responsibility to provide gardening tools but, if you do, providing the right tools will encourage tenants to maintain the garden.
Any equipment you supply should be in a good state of repair and stored in a locked outbuilding/shed. Power tools such as lawnmowers must be compliant with current health and safety standards and any socket that may be used to plug in a lawnmower, hedge trimmer or other power tool should have RCD protection.”
You can find more advice on who is responsible for garden maintenance in a rental property and how to avoid disputes, in our partner, Total Landlord’s, ultimate guide.
Other Summer risk factors
Many tenants choose a property due to the outdoor space or garden it has. Though this can attract higher rents, in summer the risks of issues relating to the garden can increase as tenants spend longer outside. Here are a few other things to consider and perhaps discuss with the tenant and to make sure your insurance covers:
Paddling pools and trampolines
When these items are left in one place for too long they can quickly kill any grass underneath them. Ask the tenant to move them around regularly to avoid this. If any chemicals are used to treat the pool water, ask the tenant NOT to pour it onto any plants afterwards.
Ball games
Summer holidays, children and more time outdoors often means ball games which can be the cause of accidents. Remind tenants to take care around windows, greenhouses and delicate plants.
Uninvited guests
Summer can mean outdoor dining, and this brings with it the risk of ants, wasps, mice and even rats looking for easy food sources.
Make sure your tenant has the ability to dispose of rubbish properly otherwise these pests can quickly make their way indoors in search of more food or a place to live.
Noise
Long summer evenings are often enjoyed outside by tenants, sometimes late into the night, and on occasion noisily. Remind your tenants to be considerate of their neighbours and if you are on good terms with a neighbour give them your contact number.
Building maintenance
Longer and more frequent periods of extreme heat will take its toll on building materials, meaning they’ll need more maintenance. If a storm arrived and your roof was already cracked, you may not be able to claim on your landlord insurance if poor weather made an existing problem worse and you hadn’t carried out routine maintenance.
“66% of all storm claims made between January 2019 and January 2022 were because of roof damage, and the average claim value for storm-related roof damage has risen by over 50% in recent years.
"Our experience shows that investment in maintenance can be seasonal to match claims – to protect your property against storms, make sure you do it before the spike in storm claims in February. Our guide, ‘Property maintenance tips for all seasons’ is a comprehensive checklist designed to help landlords carry out key maintenance checks all year round.”
Steve Barnes, Head of Broking at NRLA insurance partner, Total Landlord
Japanese knotweed
Keep an eye out for potentially destructive species of plants, such as Japanese knotweed, that could cause problems to the property.
This destructive plant grows very rapidly and can break through stone, brick, concrete and even metal, posing a serious risk to the property, and requiring professional removal.
If there is a garden, show the tenant what to look out for and to quickly inform you if they identify this plant and keep an eye out when doing periodic inspections. Total Landlord, mydeposits partner, has an ultimate guide to Japanese knotweed which you may like to share with them.
BBQs and garden fires
In recent years there has been a rise in claims during the summer relating to BBQs, fire pits and bonfires that have got out of control. You should lay out some strict ground rules for your tenant such as never leaving fires unattended, keeping water or sand nearby, disposing of the cinders carefully, being mindful of the weather and NEVER using an accelerant such as petrol.
Garden pests
• Wasps: Wasps generally pose little threat to tenants. But if the nest is somewhere that puts tenants at risk, if people have been stung already or any of the tenants are at risk or allergic to stings and the tenant has communicated concern, then it might be time to call in a professional pest controller.
Did you know?
Towards the end of the summer, when the queen has left the nest and the number of wasps in the colony has peaked, their behaviour changes. They become more aggressive as there are a greater number of them competing for less abundant food. This makes them search out meals higher in sugar and carbohydrates i.e. your food!
Tip: As a landlord it shows good faith with your tenants to take responsibility for wasp or bee infestations, so it’s a good idea to make sure that the removal of nests is covered by your landlord insurance policy.
• Bees: Like wasps, bees rarely sting unless bothered, but a nest sited in the wrong place can still cause problems for the tenant.
If you do have a problem with bees on your property and you have identified them as a honey bee swarm (many thousands, often hanging off a tree or fence shaped like a rugby ball), the British Beekeepers Association can be contacted to have the swarm removed for re-homing. There are also more than 250 other species of bee in the UK which they won’t remove.
Summary
Part of being a landlord is understanding the different challenges and risks seasons can bring, and summer can hold both more challenges and risks than other seasons. But there are some simple, best practice ways you can minimise any issues occurring which could spiral.
Tenancy agreement
The agreement should set out the tenant’s responsibilities for maintaining external areas such as front and back gardens - lawns, beds, shrubs, driveways (keep them weed free) etc.
If maintenance of any areas is included, they should be left in a similar condition as when the tenant moved in – allowing for seasonal change or adverse weather conditions. Additionally, this is where you need to let the tenant know about reporting any problem, keeping noise to a minimum, what your expectations are of them with regards BBQ/fire safety etc.
Check-in/check-out inventory
Detailed reports with supporting photographic and video evidence should highlight the standard of maintenance required and the list of any garden items supplied, which will need to be returned. These are vital as evidence if required.
Good communications
Before summer, talk to your tenant about using the property’s outside spaces and what is expected of them; what is and isn’t allowed
Regular, scheduled inspections
Inspections should take place at least every four to six months – more regularly if you have cause for concern. These occasions can be used to remind tenants of their responsibilities, discuss any issues they might have around garden maintenance, the use of any supplied tools etc, and to deal with anything before it escalates. See mydeposits NRLA essential guide to periodic inspections.
Suzy says: “Summer in England can be hot and sunny, cold and wet, and everything in between! Peaceful and quiet enjoyment is something we all know tenants are entitled to. If relationships between landlord, (or agent) and tenant are good there is every chance that any problem will be reported quickly, and the extent of any work needed minimised. Summer and the long days are a pleasure for most and help and advice should always be on offer.”
Negotiation is nearly always successful if everyone is reasonable and willing to listen, and you can clearly explain why and how you calculated any proposed deductions.
If you are unable to reach an amicable resolution, you have the option of using the free Alternative Dispute Resolution (ADR) services through mydeposits for an independent and impartial decision. Alternatively, try mydeposits partner, the Property Redress Scheme .
NRLA members get a 30% discount on the deposit protection fee when they protect a deposit with the mydeposits insurance-based scheme in England and Wales.
